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Adam
Gregg named Iowa State Public Defender

Gov. Terry
Branstad named Adam Gregg as the Iowa State Public Defender Dec. 8. One of
Gregg’s first engagements was to introduce himself to the ISBA at the Board of
Governors meeting held at the Meadows Conference Center in Altoona that same
day.

"As the
Governor’s Office’s legislative liaison, Adam had a reputation of working with
legislators of both parties as historic legislation passed both chambers,” said
Branstad. "As State Public Defender, I’m confident that Adam will work to
represent and defend individuals who otherwise couldn’t afford legal
representation in our legal system.”

"I am humbled
and honored to have been asked by Governor Branstad to serve Iowans as the
State Public Defender,” said Gregg. "I am eager to begin my work ensuring that
every Iowan is provided the constitutional right to counsel and has fair
representation in our justice system.”

Gregg
graduated in 2009 with high honors from Drake University Law School, where he
received the institution’s most prestigious honor, the Opperman Scholarship.
While there, he earned the faculty’s William and Ellen Cooney Hoye Award, given
to the student who demonstrates the greatest promise as an advocate, public
servant and practitioner.

Gregg’s experience
includes internships with the U.S. Dept. of Defense, U.S. Congress and United
Kingdom Parliament. From December 2012 - June 2014, he served as the
legislative liaison in the Governor’s Office. Prior to joining the Governor’s
Office, Gregg practiced at a Des Moines law firm. He was the Republican nominee
for Attorney General in 2014.

The position
of State Public Defender is subject to Iowa Senate confirmation. Gregg replaces
Sam Langholz, who left the position to pursue a new job in the Iowa Department
of Inspections and Appeals.

The Iowa Supreme Court
approved new Iowa court rules Dec. 4 that govern court interpreters. The
changes include 16 new or amended rules to Chapter 47, Court Interpreter and
Translator Rules, and a number of amendments to the canons in Chapter 48, Code
of Professional Conduct for Judicial Branch Interpreters.

All changes will be in
effect July 1, 2015. In the order, the court recognized the time and attention
the new rules and procedures will require from judges, attorneys, interpreters
and court personnel which is why the court issued the new rules far in advance
of the effective date.

To view a full list of the
amendments, visit www.iowacourts.gov,
click "Court Rules & Forms,” then "Recent Amendments & New Iowa Court
Rules,” or click here.

The
Iowa Supreme Court Lawyer Trust Account Commission announced Dec. 3 that it is
accepting applications for grants under the Interest on Lawyer Trust Account
(IOLTA) program for the grant period beginning July 1, 2015. IOLTA program
grants are awarded to public purpose projects that provide legal services to
low-income persons in civil cases, to law-related education, and to other programs
that improve the administration of justice in Iowa.

Applicants must file one copy of their application in paper form,
and one copy of their application in electronic form. Organizations may obtain
a copy of the rules and grant application forms (paper and electronic) by contacting
the Lawyer Trust Account Commission, Judicial Branch Building, 1111 East Court
Avenue, Des Moines, Iowa 50319, by calling (515) 725-8029, or by electronic
mail to iolta@iowacourts.gov.
Application forms also may be downloaded from the Commission's web page on the
Judicial Branch web site.

The commission must receive completed grant applications no later
than March 6, 2015. The commission will then review the applications and seek
approval from the Iowa Supreme Court for awarding the grants. Grant recipients
will be announced in late May or early June of 2015.

Tax
School door prize winners

Two lucky
attendees, representing both ends of the age spectrum, received door prizes
during the final break of the 75th Annual Bloethe Tax School last Friday.

Eric Bidwell
of Rutherford & Bidwell Law Office in Marshalltown, who aged out of the
Young Lawyers Division recently, received a bottle of Templeton Rye from
WahlTek, Inc. Henry Elwood of Elwood O’Donohoe Braun & White, L.L.P., in
Cresco, who celebrated 50 years as an attorney a few years ago, received an
iPad Air tablet from The Iowa State Bar Association.

Bidwell
quipped that he normally doesn’t drink rye whiskey, but guessed he would have
to learn. Elwood said that he was planning to go to the Apple Store after tax
school to buy an iPad. "Now I won’t have to,” he laughed.

A total of
623 individuals attended this year’s tax school. Anyone who was unable to
attend the school, but would like an electronic copy of the materials, may
purchase a flash drive via the ISBA store. Click here
to be taken directly to the item. Otherwise, click on "Electronic Media” under
the "Store” tab in the gold bar near the top of the ISBA home page (www.iowabar.org), then go to the second page.

Government
job posting: DAS Attorney

The State of
Iowa, Department of Administrative Services, is currently accepting
applications for an attorney position in Des Moines to assist the General
Counsel and Labor Relations Team. Travel throughout Iowa is required. The
primary purpose of this position is to prepare legal documents, conduct
research, prepare legal memoranda and assist with other legal matters related
to labor relations and collective bargaining agreements. The successful
candidate must have sound research and writing skills, good interpersonal
relationship skills, be able to communicate effectively and be able to
effectively work in a team environment.

Those
interested in learning more about or applying to the position should visitthis link.

In Other News...

Proposed
$100 attorney fee to fund legal aid fuels debateShawn Larson
felt the end of her marriage approaching, but couldn't afford to pay attorney
fees for a divorce and custody dispute over four children. "The minimum
fee everybody was asking for was a $2,000 retainer, and then it depends on how
complicated it gets," she said. "It just never was going to be
feasible." Larson, 40, turned to Iowa Legal Aid, just as she had seen
other people do in her job at a Marshalltown center for victims of domestic and
sexual abuse. From 2008 to 2012, Iowa Legal Aid closed an average of 23,000
cases a year for low-income Iowans like Larson, dealing largely with issues
involving family, housing and consumer law.The Des
Moines Register

May a lawyer call another lawyer
unethical? Spate of inquiries spurs ethics opinionIs it
unethical for a lawyer to label another lawyer unethical? The Iowa State Bar
Association has received so many inquiries about the issue that its Ethics and
Practice Guidelines Committee addressed the topic. "The purpose of this ‘back
to basics’ opinion,” the committee said, "is to give the bar a closer focus on
the line and the ability to discern real unethical behavior from that which
merely reflects professional differences.”ABA
Journal

Iowa chief justice discusses points of
law with UNI classIowa Supreme
Court Chief Justice Mark Cady passionately made the case for public involvement
in important political issues, even as he downplayed that role in deciding
court cases during a presentation at the University of Northern Iowa on
Thursday night. Sentencing disparities, overcrowded prisons and other issues
have not escaped Cady’s notice. But he argued if the public wants change,
lawmakers must be told.Waterloo
Cedar Falls Courier

Limits on Expert Witness TestimonyThe Iowa
Supreme Court says expert witnesses cannot testify to a victim's credibility.
Defendants in three recent child sex abuse trials all appealed to the high
court, saying expert witness testimony crossed a line. During the trials
experts testified, either directly or indirectly, that the children’s behaviors
after the alleged abuse were the result of sexual trauma. The Iowa Supreme
Court agreed the testimony went too far. Justice David Wiggins writes, "In
our system of justice, it is the jury’s function to determine the credibility
of a witness. An abuse of discretion occurs when a court allows such
testimony."Iowa
Public Radio

UI Law school to add one-year master's
programImagine
you're an engineering student and, in order to understand how to make the most
of your inventions and innovations, you want to learn more about property and
patenting law. Do you sign up for three years of law school after graduation?
Or if you're in a highly-regulated industry, like health care or finance, is it
in your best interest to try to add a juris doctor degree next to other letters
by your name?Iowa City
Press Citizen

The Iowa Lawyer Weekly is an electronic newsletter published
every Wednesday. Please submit comments, letters to the editor, articles, or
photos, to communications@iowabar.org.
Contact information should be included with submissions. The ISBA reserves the
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On review from the Iowa Court of Appeals.Appeal from the Iowa District Court for Marion County, Darrell J. Goodhue, Judge.

The State seeks further review of a court of appeals decision reversing a defendant’s conviction because the district court allowed expert testimony vouching for the victim’s credibility. DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED WITH INSTRUCTIONS.

On review from the Iowa Court of Appeals.Appeal from the Iowa District Court for Cedar County, Mark D. Cleve, Judge.

The State seeks further review of a court of appeals decision reversing a defendant’s conviction because the district court allowed expert testimony vouching for the victim’s credibility. DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.

On review from the Iowa Court of Appeals.Appeal from the Iowa District Court for Louisa County, John M. Wright, Judge.

The State seeks further review of a court of appeals decision reversing a defendant’s conviction because the district court allowed expert testimony vouching for the victim’s credibility. DECISION OF COURT OF APPEALS AFFIRMED; DISTRICT COURT JUDGMENT REVERSED AND CASE REMANDED.

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